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10 Cards in this Set
- Front
- Back
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Who can the CAFC hear appeals from?
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- Boards of Contract Appeal (US/Private contract disputes)
- Court of International Trade - Court of Federal Claims - Court of Veterans Appeals - District Courts (in territories) - ITC - Merit Systems Protection Board (Labor relations) - PTO |
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What are the basic pleading requirements to get into court?
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1. Subject Matter Jurisdiction [28 USC 1338]
2. Personal Jurisdiction over the defendant (Schatz calls it venue) |
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What is patentable?
Categories of Patentable Inventions under 101 |
"Anything under the sun made by man"
1. Processes 2. Machines 3. Manufactures 4. Composition of Matter |
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Limits on the Doctrine of Equivalents
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1. Prosecution History Estoppel
2. Public Dedication Rule: What is disclosed in the specification but not specifically claimed is reserved for the public 3. All Limitations Rule: DOE requires an equivalent (or literal infringement) for each and every limitation (or element) of the claim |
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Limits on Prosecution History Estoppel
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1. Unforeseeable equivalents not estopped
2. Rationale for amendment has tangential relation to equivalent 3. Some other equitable reason (book fails to explain) |
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Active Inducement Elements
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1. Intent to induce infringement by aiding or encourages another to infringe a patent
2. Direct infringement (by someone) |
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Contributory Infringement Elements
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1. Direct infringement (by someone)
2. Knowledge that the component is especially made or especially adapted for use in infringement of the patent 3. Contributor supplied a significant non-staple component to the device |
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Export Direct Liability [271(f)(1)]
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Direct infringement where a defendant supplies all of the components to another's patented invention and ships them overseas
1. Knowledge is required 2. Staple/non-staple status not important |
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Export Indirect Liability [271(f)(2)]
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Where a defendant supplies material non-staple components to another outside of the US, they will be liable for contributory infringement
1. Must be specially adapted for the invention (f)(2) 2) Intent is required |
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Statutory Defenses [282]
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1. Noninfringement, absence of liability, or unenforceability
2. Invalidity of the patent under 101-103 a. Statutory Subject Matter [101] b. Prior Art/Statutory Bar [102] c. Obviousness [103] 3. Invalidity for failure to comply with 112 or 252 a. Written Description [112] b. Best Mode [112] c. Enablement [112] d. Claim particularly and distinctly [112] e. Intervening rights [252] 4. Any other fact made a defense |
